Trax International Corporation v. United States
CourtUnited States Court of Federal Claims
Date FiledOctober 5, 2026
Docket26-796
JudgeCarolyn N. Lerner
StatusPublished
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Full Opinion
In the United States Court of Federal Claims
TRAX INTERNATIONAL CORP.,
Plaintiff,
v.
No. 26-796
THE UNITED STATES, (Filed: October 5, 2026) 1
Filed under seal: September
Defendant,
11, 2026
and Reissued: October 5, 2026
SOUTHWEST RANGE SERVICES, LLC,
Defendant-Intervenor.
ORDER
This bid protest arose from the U.S. Army’s (“Army” or “Agency”) award of a test and
evaluation services contract on the White Sands Missile Range (“WSMR”), a military base in
New Mexico. Plaintiff TRAX International Corp. (“TRAX”) challenged that award. See
generally Compl., ECF No. 1. On September 3, 2026, the Court granted the Government’s and
Defendant-Intervenor’s cross-motions for judgment on the Administrative Record (“AR”),
finding the Army’s decision to award the contract to Southwest Range Services, LLC (“SRS”)
was not arbitrary, capricious, an abuse of discretion, or otherwise contrary to law. ECF No. 70.
Before filing its motion for judgment on the AR, TRAX moved to complete the AR,
alleging the Government had failed to include documents reflecting the Army’s use of FAST
TRACK, an Artificial Intelligence (“AI”) platform, to evaluate the offerors’ proposals. ECF No.
28 (“Mot. to Complete”). TRAX asserted the Army’s reliance on FAST TRACK introduced
errors into the evaluations of the three offerors: [***] (Offeror A), TRAX (Offeror B), and SRS
(Offeror C). Compl. ¶¶ 57, 62–67. The Government disputed TRAX’s claims, maintaining that
no AI-generated documents were viewed or relied upon by the Source Selection Evaluation
Board (“SSEB”) or other members of the Army procurement team. Def.’s Resp. to Mot. to
Complete at 3, ECF No. 32.
Having reviewed the Parties’ briefing on the Motion to Complete and statements by
counsel at the August 19, 2026, hearing, see ECF No. 73 (“Tr.”), the Court determines that the
below-identified Government counsel, infra Part IV, must SHOW CAUSE why they should not
1
This Order was filed under seal on September 11, 2026. ECF No. 74. The parties jointly
proposed redactions. ECF No. 78. Accordingly, the Court reissues this Order with the agreed
upon redactions, which are noted with bracketed asterisks ([***]).
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be sanctioned for factual misrepresentations in the Government’s briefs and declarations. The
potentially sanctionable factual assertions are outlined below.
I. Motion to Complete: Procedural History
The Government responded to Plaintiff’s Motion to Complete, arguing three AI outputs
corresponding to the three offerors should not be included in the AR. See generally Def.’s Resp.
to Mot. to Complete. Defendant stated the only AI output viewed by the SSEB was the report
for [***], which is not a party to this action. Id. at 2–3. And because none of the AI reports
were deemed usable, they were never entered into the contract file nor utilized in the decision-
making process. Id. In support of its position, the Government filed two declarations: the first
from [***], SSEB Chairperson for the WSMR Mission Support Services (“MSS”) solicitation,
and the second from [***], Procurement Analyst with Mission and Installation Contracting
Command Headquarters, Theater Support Center. Def.’s Ex. A (“[***] Decl.”), ECF No. 32-1;
Def.’s Ex. B (“[***] Decl.”), ECF No. 32-2.
On July 7, 2026, the Court granted in part Plaintiff’s Motion to Complete the AR as to
the AI evaluation for [***]. ECF No. 38. The Court also ordered the Government to supplement
the existing declarations and answer specific questions regarding the use of the AI tool to
evaluate TRAX’s and SRS’s proposals. The supplemental declarations were filed on July 9,
2026. Def.’s Ex. C (“Supp. [***] Decl.”), ECF No. 41-3; Def.’s Ex. D (“Supp. [***] Decl.”),
ECF No. 41-4.
On July 10, 2026, the Court granted the remainder of Plaintiff’s Motion to Complete. It
ordered the Government to produce the AI evaluations of TRAX’s and SRS’s proposals and file
all three AI evaluations with the Court as part of the AR. Order, TRAX Int.’l Corp. v. United
States, No. 26-796 (Fed. Cl. Jul. 10, 2026). The parties were also directed to file supplemental
briefs on the relevance and impact of the additional documents on Plaintiff’s Complaint. Id.
II. The Government’s Lack of Candor
In his declaration, Procurement Analyst [***] explained he was tasked with assessing the
capability of FAST TRACK “to determine whether it could be used in future source selections.”
[***] Decl. ¶ 4; accord Gov’t Resp. to Mot. to Complete at 2. As part of this assessment, [***]
created AI outputs for all three offerors involved in the WSMR procurement. [***] subsequently
displayed the AI output for [***] on a screen for viewing during an SSEB meeting. [***] Decl.
¶ 5. The SSEB “did not receive digital or physical copies of [***] output.” Gov’t Resp. to
Motion to Complete at 2. The SSEB concluded the document “[was] not useable and could not
be used as a reliable tool.” [***] Decl. ¶ 4.
On July 7, 2026, the Court granted TRAX’s Motion to Complete as to [***], since the
SSEB had in fact reviewed the AI evaluation of [***] proposal. The Court could not, on the
record then before it, determine whether the AI-generated evaluations of TRAX and SRS were
reviewed by anyone involved in the procurement. To resolve that question, the Court ordered
the declarants to supplement their original declarations by answering the following questions:
(1) What was [***] role with respect to the White Sands Missile Range Mission
Support Services (WSMR MSS) procurement (Solicitation W51EW7-25-R-
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A003)? Did [***] have any decision-making authority over or decision-making
role in this procurement?
(2) Did [***] use FAST TRACK or any other AI tool to generate summaries or
evaluations of the proposals for Offerors B and/or C?
(3) Other than [***], did any individual with a decision-making role in this
procurement view an AI-generated summary or evaluation of Offeror B’s or
Offeror C’s proposal?
See Order Granting in Part Mot. to Complete.
In his supplemental declaration, [***] acknowledged for the first time that he shared the
TRAX and SRS AI summaries with three individuals—[***], [***], and [***]—but stated that
none “were decisionmakers in the source selection process for the WSMR MSS procurement.”
Supp. [***] Decl. ¶ 5. [***] supplemental declaration similarly stated “[n]either I nor any
member of the Source Selection Evaluation Board (SSEB) viewed any AI-generated summary or
evaluation of Offeror B’s or Offeror C’s proposal.” Supp. [***] Decl. ¶ 3.
Both supplemental declarations contained substantive errors: two of the three individuals
who received the FAST TRACK evaluations of TRAX’s and SRS’s proposals were SSEB
members [***] and [***] (who also served as the Contracting Officer (“CO”)). Tab 211 at AR
4011 (Source Selection Training Presentation identifying [***] as the Past Performance Chair
and [***] as a Past Performance Member of the SSEB); Tab 263 at AR 5300 (Past Performance
Evaluation Report signature block identifying [***] as WSMR MSS SSEB Chairperson and
[***] as WSMR MSS SSEB Member).
At oral argument on the cross-motions for judgment on the AR, the Court questioned
Government counsel about the declarations. The Government argued that although [***] and
[***] were SSEB members, their roles were limited to evaluating Past Performance, while the AI
analysis concerned only the technical evaluation. Tr. at 9. But this distinction does not cure the
misrepresentations in the declarations, which claimed that no SSEB member, not merely the
technical evaluators, had reviewed the AI-generated documents. [***] statement that no SSEB
member (and [***] statement that no decisionmaker) viewed the AI evaluations of Offeror B’s or
C’s proposals was wrong, since [***], CO and SSEB member, received the AI outputs. See
Supp. [***] Decl. ¶ 3; Supp. [***] Decl. ¶ 5.
Not only did the supplemental declarations contain this factual error, but they also
revealed the original declarations were incomplete. Both [***] and [***] original declarations
asserted that no SSEB member saw or relied on AI-generated information related to any offeror
other than [***]. [***] Decl. ¶ 5; [***] Decl. ¶ 4. [***] supplemental declaration showed this
was false: he had shared the TRAX and SRS AI outputs with two SSEB members. Supp. [***]
Decl. ¶ 5. The Court addressed this discrepancy at the hearing:
THE COURT: And [***] and [***] were past performance members of the SSEB,
but they were still members, and that wasn’t what the declaration
said . . . . Regardless of whether they relied on it, they were shown it. And that
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wasn’t accurately represented to the Court. And I assume agency counsel was
involved in preparing those responses to the questions from the Court.
MR. HOFFMAN: Yes, Your Honor.
Tr. at 11.
In response to further questioning about which SSEB members viewed the AI outputs,
Government counsel acknowledged the error and stated that he was not aware until the hearing
that [***] and [***] were SSEB members. Tr. at 9. He stated: “I sincerely apologize.
Obviously, had I been aware, I would not have allowed those representations to go forward.” Tr.
at 12.
In briefing the Motion to Complete, the Government was also unequivocal that no AI tool
was used in evaluating any offeror’s proposal. See Gov’t. Supp. Br. (“At no point during the
SSEB evaluations, did AI tools aid, contribute to or assist in the performance of evaluations for
any of the offeror’s proposals.” (quoting [***] Decl. ¶ 4)); Joint Letter at 3, ECF No. 27
(“Contrary to TRAX’s allegations, the AI documents . . . were not reviewed and considered by
the Army for this procurement (and therefore are irrelevant) . . . .”). The Government further
represented that “[t]he SSEB did not amend or change Offeror A’s evaluations based on the AI
tool,” Gov’t. Resp. to Mot. to Complete at 3 (citing [***] Decl. ¶ 4), and “the results were
discarded and not used for making the decision.” Joint Letter at 3.
The Government’s representations are contradicted by the record. As TRAX points out
in its supplemental brief, the SSEB’s evaluation of [***] contains multiple passages that are
nearly identical, sentence for sentence, to the AI-generated evaluation of [***] proposal. Pl.’s
Supp. Br. at 4–5 (comparing AR Tab 261 at 5059 with AR Tab 434 at 9089; AR Tab 261 at 5059
with AR Tab 434 at 9090). It strains credulity that this degree of overlap could be coincidental.
Any substantive or textual overlap is minimal for TRAX and SRS. While this does not
rule out reliance on the AI evaluations, it makes it harder to determine whether the SSEB relied
on them. Regardless, reliance is not the standard for including documents in the AR. See
Competitive Innovations, LLC v. United States, 175 Fed. Cl. 296, 303 (2025) (explaining the
presumption of AR completeness “may be rebutted by ‘clear evidence of material that was
generated or considered by the agency but excluded from the record’” (emphasis added)
(citation omitted)); see also Oak Grove Techs., LLC v. United States, 156 Fed. Cl. 594, 600
(2021) (“The administrative record consists of all documents and materials directly or indirectly
considered by the agency decision maker in making the challenged decision.” (citation omitted)),
aff’d, 116 F.4th 1364 (Fed. Cir. 2024). The Court’s inquiry in deciding a motion to complete
turns on what documents were generated or considered during the decision-making process, not
whether they influenced the final evaluation. Thus, the Government’s candor about whether any
decisionmaker had viewed the two remaining AI evaluations was imperative.
Twice, the Government filed declarations which omitted the fact that sitting SSEB
members (and the CO) had received the AI-generated evaluations the Government represented
no decisionmaker had seen. “That omitted half of the answer is clearly material to the issue
before the court.” FlightSafety Defense Corp. v. United States, 173 Fed. Cl. 699, 707 n.2 (2024).
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III. This Court’s Sanctioning Authority
Rule 11 of the Rules of the United States Court of Federal Claims (“RCFC”) imposes
obligations on parties making representations to the Court. The Rule provides in relevant part:
By presenting to the court a pleading, written motion, or other paper—whether by
signing, filing, submitting, or later advocating it—an attorney or unrepresented
party certifies that to the best of the person’s knowledge, information, and belief,
formed after an inquiry reasonable under the circumstances:
...
(3) the factual contentions have evidentiary support or, if specifically so identified,
will likely have evidentiary support after a reasonable opportunity for further
investigation or discovery; and
(4) the denials of factual contentions are warranted on the evidence or, if
specifically so identified, are reasonably based on belief or a lack of information.
RCFC 11(b)(3)-(4).
An attorney’s failure to meet their obligations under Rule 11 authorizes a court to impose
sanctions, on motion or on its own initiative, against any attorney, law firm, or party responsible
for a violation, after notice and a reasonable opportunity to respond. RCFC 11(c). A court need
not find bad faith to impose sanctions, nor does a showing of subjective good faith excuse a
violation. See, e.g., Kilopass Tech., Inc. v. Sidense Corp., 738 F.3d 1302, 1313 (Fed. Cir. 2013).
As such, the Court is not required to find that any single individual acted with subjective intent to
mislead to find a Rule 11 violation; a failure to conduct a reasonable inquiry before making
representations to the Court is independently sanctionable. See Judin v. United States, 110 F.3d
780, 784 (Fed. Cir. 1997).
The Court may also enforce the duty of candor, including the duty not to play fast and
loose with unsupported statements or knowingly or recklessly false assertions. See Multiservice
Joint Venture, LLC v. United States, 85 Fed. Cl. 106, 112 (2008) (explaining that “[t]his Court’s
inherent authority to enter sanctions is embodied in [RCFC 11, which] require[es] a reasonable
inquiry into statements alleged in papers filed”).
The duty of candor falls with particular weight on Government counsel, whose client “is
not only the agency they represent but also the public at large.” Housing Auth. of City of Slidell
v. United States, 149 Fed. Cl. 692, 702 (2020) (citation omitted). The Government had repeated
opportunities to be forthcoming about whether the three AI-generated evaluations TRAX
identified were in fact reviewed by the Agency, and to what extent. What the Government
offered instead was a shifting and, at times, inaccurate account.
Because the Government controls the Administrative Record, its representations about
that record must be beyond reproach. Plaintiff should not have had to file and litigate its Motion
to Complete (nor should the Court have had to adjudicate one) to obtain what the Government
was required to produce and accurately represent in the first instance.
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IV. Questions to Be Addressed
This Court has determined that Counsel for the Department of Justice (“DOJ”) and the
Department of the Army must SHOW CAUSE why they should not be sanctioned for factual
misrepresentations in the Government’s briefs and declarations. DOJ and Army Counsel named
below shall jointly address the following in their response:
(1) Identify, by name and role, the individual(s) responsible for generating the
incomplete Administrative Record.
(2) Explain why the FAST TRACK documents were originally omitted from the
Administrative Record.
(3) Identify, by name and role, every individual who participated in drafting, reviewing,
revising, or approving the original declarations by [***] and [***].
(4) Identify whether agency counsel possessed information at or before the time the
original declarations were submitted, indicating that the FAST TRACK documents
had been viewed by SSEB members. State why that information was not disclosed to
DOJ counsel or corrected before submission.
(5) Identify, by name and role, every individual who participated in drafting, reviewing,
revising, or approving the supplemental declarations by [***] and [***].
(6) Identify what investigation, if any, was undertaken before the supplemental
declarations were submitted to verify that the AI-generated documents had not been
viewed by anyone with decision-making authority.
(7) Identify what, if anything, DOJ counsel did between receiving the declarations and
the August 19, 2026, hearing to independently verify their accuracy, and what
communications DOJ counsel had with agency counsel or the declarants regarding
the factual basis for the representations that no SSEB member or decisionmaker
viewed or used the FAST TRACK outputs in evaluating proposals.
(8) State whether any individual recognized the inaccuracies before oral argument and
failed to correct them, and if so, why.
(9) Explain the overlap in language between the SSEB’s evaluation of [***] proposal
and the FAST TRACK summary for [***], and address whether the SSEB
considered that output in conducting its technical evaluation of [***] proposal.
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On or before October 5, 2026, the following Counsel of Record shall file a consolidated
response to this Order to Show Cause why they should not be sanctioned: Senior Trial Attorney,
[***]; Trial Attorney, [***]; Attorney-Advisor, [***]; and DOJ Trial Attorney, [***].
IT IS SO ORDERED.
s/ Carolyn N. Lerner
CAROLYN N. LERNER
Judge
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